Temporary Injunction

1,006 Florida cases classified under this topic, plus 229 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• McKEEGAN v. Ernst
  84 So. 3d 1229· Fla. 4th DCA· 2012-04-11 ·cited 9×
  Rita McKeegan appealed an ex parte temporary injunction granted against her by the trial court. The Fourth District Court of Appeal reversed, finding the injunction facially deficient because it lacked sufficient factual findings supporting each prong of the four-part injunction
• Silverio Antonio Gonzalez Plaza v. Maria Gabriela Gonzalez Plaza
  78 So. 3d 4· Fla. 3d DCA· 2011-09-07 ·cited 9×·via Temporary Injunction Requirements
  The appellate court held that the trial court erred in granting a temporary injunction and appointing a receiver without making the required findings of fact regarding irreparable harm and risk of loss.
• Kountze v. Kountze
  20 So. 3d 428· Fla. 2d DCA· 2009-10-16 ·cited 9×
  Elizabeth Kountze and Charles Denman Kountze appealed a trial court order finding jurisdiction over them and requiring maintenance of the status quo of trust assets claimed by the estate's personal representative. The appellate court reversed and remanded because the trial court
• USI Ins. Servs. OF Fla. Inc. v. Pettineo
  987 So. 2d 763· Fla. 4th DCA· 2008-07-16 ·cited 9×
  USI Insurance Services appeals the denial of a temporary injunction to enforce a non-compete agreement against the seller of an insurance agency it purchased. The court reversed, finding the trial court applied an outdated version of Florida's restrictive covenant statute that im
• Lewis v. Sunbelt Rentals, Inc.
  949 So. 2d 1114· Fla. 2d DCA· 2007-02-16 ·cited 9×
  The court held that the trial court erred in granting a temporary injunction without notice to the opposing party, as the motion and order failed to comply with Florida Rule of Civil Procedure 1.610.
• Am. II Elecs., Inc. v. Smith
  830 So. 2d 906· Fla. 2d DCA· 2002-11-20 ·cited 9×
  America II Electronics sought a temporary injunction against its former employee Joel Smith to enforce a non-compete agreement. The circuit court denied relief based on an outdated legal standard, but the appellate court reversed, holding that under the applicable 1996 statute, v
• Jacquelyn Pinder v. Pinder
  817 So. 2d 1104· Fla. 2d DCA· 2002-06-14 ·cited 9×
  In the second appeal of this dissolution of marriage case, the former wife challenged the trial court's interpretation of appellate instructions regarding lump sum alimony and a temporary restraining order on her out-of-state property. The appellate court held it lacked jurisdict
• LEE Cnty. v. S. Fla. Water Mgmt. Dist.
  805 So. 2d 893· Fla. 2d DCA· 2001-10-12 ·cited 9×
  Lee County challenged the South Florida Water Management District's emergency plan to discharge large volumes of fresh water from Lake Okeechobee into the Caloosahatchee River estuary to save the lake's dying fish population. The court affirmed the denial of the county's petition
• Int'l Vill. Ass'n, Inc. v. Stefan Schaaffee and Marlo Jones
  786 So. 2d 656· Fla. 4th DCA· 2001-06-13 ·cited 9×
  A temporary injunction cannot stand alone as an independent lawsuit without a request for permanent relief.
• Maurelle S. AIN v. AIN
  778 So. 2d 1029· Fla. 4th DCA· 2001-01-24 ·cited 9×
  The court affirmed a temporary injunction prohibiting the mother from moving with her children, finding no reversible error.
• Jones v. Jones
  761 So. 2d 478· Fla. 5th DCA· 2000-06-30 ·cited 9×
  Roy Jones appealed the trial court's denial of his motion to dissolve a temporary injunction that prevented him from removing his children from his former wife's custody pending resolution of a custody modification motion. The appellate court reversed, finding the temporary injun
• Lorie v. C.L.N.
  757 So. 2d 610· Fla. 3d DCA· 2000-05-17 ·cited 9×
  The court held that a voluntary dismissal of a suit does not automatically entitle the plaintiff to the return of an injunction bond, and the defendant may recover damages from the bond if the injunction was wrongfully issued.
• Airport Executive Towers v. CIG Realty, Inc.
  716 So. 2d 311· Fla. 3d DCA· 1998-07-29 ·cited 9×·via Temporary Injunction Requirements
  Airport Executive Towers appeals from a temporary injunction that restrained it from moving net proceeds from the sale of its real property out of Florida. The court reversed, holding that the injunction was an extraordinary remedy that CIG failed to justify because CIG had an ad
• Barclays Am. Mortg. Corp. v. Holmes
  595 So. 2d 104· Fla. 5th DCA· 1992-02-07 ·cited 9×
• Storer Commc'ns, Inc. v. State
  591 So. 2d 238· Fla. 4th DCA· 1991-07-31 ·cited 9×
  Storer Communications challenged a temporary injunction prohibiting the negative option marketing of a cable channel called ENCORE. The Fourth District Court of Appeal reversed, holding that the Department of Legal Affairs failed to establish a clear legal right to the injunction
• Caltagirone v. The Sch. Bd. OF Hernando Cnty.
  355 So. 2d 873· Fla. 2d DCA· 1978-03-08 ·cited 9×
  The court held that the trial court properly enjoined arbitration pending determination of contract validity, but erred in dismissing the counterclaim for breach of contract damages.
• Siff v. The State Democratic Executive Comm.
  500 F.2d 1307· 5th Cir.· 1974-08-22 ·cited 9×·via Temporary Injunctive Relief
  The court held that the trial court was justified in denying plaintiffs' pleas for temporary injunctive relief due to constitutional uncertainty.
• Albury v. Plumbers Local Union NO. 519
  100 So. 2d 647· Fla. 3d DCA· 1958-02-20 ·cited 9×
  The court held that the trial court did not abuse its discretion in denying a temporary injunction and that the complaint stated an adequate remedy at law for the alleged conspiracy claims.
• The Riviera Club v. The City of Ormond
  147 Fla. 401· Fla.· 1941-06-03 ·cited 9×
  The Riviera Club challenged the constitutionality of a 1931 special act incorporating the City of Ormond, arguing that certain wild, unimproved lands within the municipality's boundaries could not benefit from incorporation and therefore could not be taxed for municipal purposes.
• The Milk Comm'n v. Dade Cnty. Dairies, Inc.
  145 Fla. 579· Fla.· 1940-12-20 ·cited 9×
  The Florida Supreme Court reviewed and quashed a temporary injunction restraining the Milk Commission from enforcing Order No. 22-38, which regulated milk bottle deposits and prohibited rebate schemes in the dairy industry. The Court upheld the constitutionality of the Milk Commi
• Crockett v. The Volunteer State Life Ins. Co.
  142 Fla. 750· Fla.· 1940-05-17 ·cited 9×
  The Florida Supreme Court affirmed an interpleader decree requiring multiple claimants to settle their conflicting rights to insurance proceeds from a policy where the insured was killed by his widow. The court also upheld the trial court's issuance of a temporary injunction halt
• Kilgore Groves, Inc. v. Mayo
  136 Fla. 615· Fla.· 1939-03-08 ·cited 9×
  The Florida Supreme Court reviewed a lower court's dissolution of a temporary injunction and dismissal of a bill of complaint. The appellate court affirmed the dissolution of the injunction but reversed the dismissal, finding sufficient equity in the bill to proceed.
• R. D. Lamar, Inc. v. Ray
  132 Fla. 704· Fla.· 1938-06-09 ·cited 9×
  A Florida taxpayer challenged the City of Miami's sale and exchange of delinquent tax certificates as ultra vires and invalid. The court upheld the trial court's orders granting a temporary injunction and denying the defendant's motions to dismiss, holding that tax certificates a
• THE Shir LAW Grp., P.A. v. Dario Carnevale
  314 So. 3d 523· Fla. 3d DCA· 2021-02-24 ·cited 8×
  A temporary injunction prohibiting the sale of property must comply with Florida Rule of Civil Procedure 1.610, including requiring a verified or sworn motion, conducting an evidentiary hearing when requested, making specific factual findings supporting each element of the injunc
• Fla. High Sch. Athletic Ass'n, Inc. v. Johnson
  279 So. 3d 794· Fla. 3d DCA· 2019-09-17 ·cited 8×·via Temporary Injunction Requirements
  The appellate court affirmed the trial court's denial of a motion to transfer venue but reversed and remanded a temporary injunction order. The injunction was reversed because the trial court failed to specify the reasons for its entry, as required by rule.
• Olson v. Olson
  260 So. 3d 367· Fla. 4th DCA· 2018-11-14 ·cited 8×
  A trial court cannot grant a temporary injunction based on an attorney's unsworn statements when a noticed, contested evidentiary hearing is held; sworn testimony or stipulation is required to establish the necessary factual findings.
• Dickerson v. Senior Home Care, Inc.
  181 So. 3d 1228· Fla. 5th DCA· 2015-12-18 ·cited 8×
  Appellants Dickerson and O'Brien challenge a temporary injunction entered against them for allegedly violating non-compete, non-disclosure, and non-solicitation agreements with their former employer, Senior Home Care, Inc. The court reversed because the trial court's injunction o
• City OF Sunny Isles Beach v. Temple B'Nai Zion, Inc.
  43 So. 3d 904· Fla. 3d DCA· 2010-09-08 ·cited 8×
  The trial court abused its discretion by issuing a de facto injunctive order that failed to comply with the legal requirements of Rule 1.610 of the Florida Rules of Civil Procedure.
• Zupnik v. ALL Fla. Paper, Inc.
  997 So. 2d 1234· Fla. 3d DCA· 2008-12-31 ·cited 8×·via Temporary Injunction Requirements
  Stewart Zupnik and Dade Paper appealed a temporary injunction preventing Zupnik from competing with his former employer, All Florida Paper. The court reversed, holding that restrictive covenants in Zupnik's two-year employment agreement expired at the end of that term despite his
• Zbigniew-Jacob Litwinczuk, M.D. v. Palm Beach Cardiovascular Clinic, L.C.
  939 So. 2d 268· Fla. 4th DCA· 2006-10-18 ·cited 8×
  Dr. Litwinczuk appeals a temporary injunction enforcing a non-competition covenant that prohibited him from practicing cardiology within a reduced geographical area of Palm Beach County for two years after leaving his employer. The court affirmed the injunction, finding the clini
• Garrick Hatfield v. Autonation, Inc.
  939 So. 2d 155· Fla. 4th DCA· 2006-09-27 ·cited 8×
  Hatfield, a former general manager at an AutoNation dealership, appeals a temporary injunction prohibiting him from disclosing misappropriated trade secrets and restricting his employment in the automotive industry. The appellate court affirms, holding that AutoNation demonstrate
• Magdalena Santos v. Tampa Med. Supply
  857 So. 2d 315· Fla. 2d DCA· 2003-10-10 ·cited 8×·via Temporary Injunction Requirements
  Former employee Santos appealed a temporary injunction restraining her from competing against her former employer Tampa Medical Supply in violation of a noncompete agreement. The court affirmed the injunction's entry but remanded for proper findings of fact and bond setting, find
• Caruso v. Super Vision Int'l, Inc.
  845 So. 2d 947· Fla. 5th DCA· 2003-04-25 ·cited 8×
  Appellants who were defendants in a breach of contract action appealed non-final orders finding them in civil contempt and striking their pleadings as sanctions. The appellate court converted the notice of appeal to a petition for writ of certiorari and denied relief, holding tha
• Meyers v. The Club AT Crystal Beach Club, Inc.
  826 So. 2d 1086· Fla. 5th DCA· 2002-10-04 ·cited 8×
  Neil Meyers and his son Jared appealed a trial court's denial of their motion to dissolve a temporary injunction and the vacation of a stipulation in a corporate dispute involving timeshare companies. The Florida Fifth District Court of Appeal affirmed both orders, finding no abu
• Fla. Power Corp. v. Town OF Belleair
  830 So. 2d 852· Fla. 2d DCA· 2002-08-30 ·cited 8×
  The court held that the trial court erred in issuing a temporary injunction to compel continued payment of a franchise fee after the agreement expired, as it constituted an illegal tax and could not extend the contract terms.
• Evergreen the Tree Treasurers OF Charlotte Cnty., Inc. v. Charlotte Cnty. Bd. OF Cnty. Comm'rs
  810 So. 2d 526· Fla. 2d DCA· 2002-01-18 ·cited 8×·via Motion For Temporary Injunction
  Petitioners challenged the Charlotte County Developmental Review Committee's approval of a housing development project that involved removal of heritage trees, arguing the DRC violated procedural due process and Florida's Sunshine Law by approving the project before allowing publ
• Pinellas Classroom Teachers' Ass'n v. The Sch. Bd. OF Pinellas Cnty.
  805 So. 2d 937· Fla. 2d DCA· 2001-11-07 ·cited 8×
  The court affirmed the trial court's denial of a temporary injunction, finding no abuse of discretion.
• Shields v. The Paving Stone Co., Inc.
  796 So. 2d 1267· Fla. 4th DCA· 2001-10-17 ·cited 8×
  The appellate court held that the temporary injunction order was overly broad and did not conform to the trial court's oral ruling, requiring modification.
• Frengut v. ZGOPLUS.COM, Inc.
  778 So. 2d 432· Fla. 4th DCA· 2001-02-07 ·cited 8×
• Varveris v. Alberto M. Carbonell, P.A.
  773 So. 2d 1275· Fla. 3d DCA· 2000-12-27 ·cited 8×
  Marie Varveris appeals a judgment ordering sale of her property in proceedings supplementary to execution. The Third District Court of Appeal reverses because Marie was not properly served or impleaded as a defendant, violating her due process rights to a full and fair hearing.
• Anich Indus., Inc. v. Raney
  751 So. 2d 767· Fla. 5th DCA· 2000-03-03 ·cited 8×·via Temporary Injunction Requirements
  Anich Industries appealed the denial of a temporary injunction against former employee Raney, who violated a non-compete agreement by joining a competitor within three months of employment. The court affirmed the denial, holding that Anich failed to demonstrate any protectable le
• Fla. Water Servs. Corp. v. Blue Stone Real Est. Constr.
  747 So. 2d 406· Fla. 5th DCA· 1999-11-05 ·cited 8×·via Temporary Injunction Requirements
  Florida Water Services Corporation appealed a temporary injunction prohibiting it from terminating water service to properties owned by Blue Stone Real Estate Construction and Avalon, Inc. The appellate court reversed the injunction because the trial court failed to include requi
• Taylor v. Cesery
  717 So. 2d 1112· Fla. 1st DCA· 1998-09-28 ·cited 8×·via Temporary Injunctive Relief
  Martha Cesery Taylor appeals from a trial court order denying her motion for temporary injunctive relief to prevent the sale of a $2.5 million oceanfront estate property and discharging her lis pendens. The court affirmed the denial of the injunction but reversed the discharge of
• Watkins v. Colonial Life & Accident Ins. Co.
  719 So. 2d 934· Fla. 5th DCA· 1998-09-11 ·cited 8×
  Wayne Watkins appeals a trial court's order enjoining him from breaching a noncompete clause in his employment contract with Colonial Life and ordering arbitration of damages. The appellate court reverses both orders, finding the permanent injunction was entered improperly withou
• Jeanni M. Cimino v. U.S. Sec. Ins. Co.
  715 So. 2d 1092· Fla. 1st DCA· 1998-08-13 ·cited 8×
  The court held that an insured seeking personal injury protection benefits is entitled to have her attorney present with a video camera during a physical examination, absent a valid reason for denial.
• Smith Barney Shearson, Inc. v. Berman
  678 So. 2d 376· Fla. 3d DCA· 1996-06-26 ·cited 8×·via Temporary Injunction Requirements
  Smith Barney Shearson appeals a temporary injunction prohibiting it from proceeding with a New York state court action to stay arbitration. The Florida appellate court reversed the injunction, holding that the party seeking to compel arbitration lacked a viable cause of action be
• Health Care Mgmt. Consulting, Inc. v. McCOMBES
  661 So. 2d 1223· Fla. 1st DCA· 1995-09-22 ·cited 8×
  HCMC sought injunctive relief to enforce a non-compete covenant against McCombes, its former employee, alleging trade secret misappropriation and customer solicitation. The trial court dissolved the injunction, but the appellate court reversed, finding that McCombes's direct soli
• PCA Life Ins. Co. v. Metropolitan-Dade Cnty.
  682 So. 2d 1102· Fla. 3d DCA· 1995-02-01 ·cited 8×
  PCA Life Insurance Company appealed the denial of a temporary injunction and a petition for writ of mandamus seeking to compel Dade County to enter into a health insurance contract after the county reversed its initial vote selecting PCA and instead selected Blue Cross. The court
• Coastal Computer Corp. v. Team Mgmt. Sys., Inc.
  624 So. 2d 352· Fla. 2d DCA· 1993-09-15 ·cited 8×·via Motion For Temporary Injunction
  Coastal Computer Corporation sought a temporary injunction to enforce noncompetition provisions in employment agreements with the Tuttles, but the trial court denied the motion, finding the agreements provided an exclusive remedy of forfeiture of benefits rather than injunctive r
• Buchanan v. Sullivan
  620 So. 2d 1301· Fla. 4th DCA· 1993-06-23 ·cited 8×
  The appellate court affirmed the trial court's finding that a father fraudulently transferred property to his daughter to avoid a judgment creditor but reversed the award of sale proceeds to the creditor, holding that the fraudulent conveyance did not sever the joint tenancy with